Private nuisance - Rylands v Fletcher
- Created by: alexstrapps
- Created on: 14-05-19 12:29
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- Rylands v Fletcher
- Rylands v Fletcher 1868
- essentially an extension of the law of nuisance to isolated escapes from land
- strict liability offence
- person who for his own purposes brings on his lanf collects and keeps there anything likely to cause mischeif if it escapes must keeo it at his peril
- d is answerable for all the damages which is the natural consequence of it's escape
- 1; a bringing onto land and accumulating
- no liability for something naturally on the land which escapes
- Giles v Walker 1890 (weeds)
- Ellison v Ministry of defence 1997 (water)
- there is liability if d has adopted the nuisance
- Leakey v National Trust 1980
- Rylands v Fletcher 1868
- Cambridge water v eastern counties leather
- no liability for something naturally on the land which escapes
- 2; of a thing likely to cause mischief if it escapes
- not the escape that's likely, the mischief that would be caused
- Camrbidge water v eastern counties leather
- damage has to be reasonably forseeable
- 3; which amounts to non-natural use
- d brings something onto their property not naturally there due to quantity or volume
- Ricklands v Lothian
- Camrbidge water v eastern counties leather
- 4; and does escape and cause damage
- Rylands v Fletcher 1868
- Read v Lyons
- Stannard v Gore
- Defences
- act of third party
- Rickards v Lothian 1913
- act of God
- statutory authority
- Green v Chelsea waterworks co
- Fault of c
- Consent
- Peters v Prince of Wales theatre
- act of third party
- remedies
- damages
- injunction
- abatement
- Rylands v Fletcher 1868
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